Outline Defense Case Summary

“When they arrived at his apartment, it was empty and a FOR RENT sign was taped to

Was it right that the player’s value was not high enough to hold him legally responsible for his breach of contract?

to get the tenants to group together and do something about the landlord neglecting several

Because rent control sometimes ends or the rent can be raised when a tenant is evicted, landlords may abuse the right to evict tenants. Most cities that have rent control laws limit the reasons for an eviction. A landlord can’t give the tenant a 30-day or 60-day notice that the tenant must leave. The landlord must have a good reason for the eviction such as nonpayment of rent, breach of the rental agreement like pets that aren’t allowed, or illegal activity.

Section 1, titled terms lists the terms of the contract. The terms of the agreement must be definite and certain. All material terms must be included. The material terms allow a court to determine what the damages are in the event that one of the parties breach the terms of the contract. Section 1, of Exhibit D: Commercial Lease Agreement list the date the lease starts and the date the lease ends. It then lists the damages that the tenant may take if the landlord is not able to provide the leased premises in a timely manner. The section then goes on to state the terms of the renewal process. The process of renewing the lease is set with a written notice of 90 days. This process is definite and certain. The renewal provision then states that the terms shall be at the rental listed in the below sections of the agreement and upon the same covenants, conditions and provisions as contained in the lease agreement. Both the terms listed to lease the premises and to renew the contract is definite and certain and it lists the material terms.

On August 2, 1978, two students at IU Bloomington, Burke and Maltbie, signed a written lease with Breezewood Management in an apartment that was later found to be inhabitable.

There exists a second issue in the case of Mr. Stevens as well, regarding an eviction notice from his landlord, telling him he has to be out of the apartment in 30 days because the barking invention has been bothering the other tenants. The letter further states that Mr. Stevens was not allowed to conduct his business from his apartment. Mr. Stevens is upset because he claims to have told Quinn that he was working on a new invention, and the landlord had wished him luck (Southern New Hampshire University, n.d.).

On this date worker received a call from Ms. Marla Tucker, Jasper Housing Authority Manager. She stated that Mr. Ashby would need to be out of his apartment May 16, 17, and 18 for the renovation. She stated that someone from the housing authority had visited Mr. Ashby today 5/9/16 and found him to be incoherent.

On 06/24/2016 HS De La Torre met briefly with Ms. Bethune for a follow up with any housing leads. As per client it has been difficult to view apartments. Brokers are not taking her due to lack of stable income, poor credit. Client stated that she viewed a condominium located around 141 Street and Atlantis Ave. New York, NY directly with a Landlord who is willing to assist her. Client did not provide any information regarding the Landlord. Client is concern about the fact that the apartment is a condominium that DHS will not approve the apartment. HS reached out to DHS for a correct follow up, HS is waiting for a response.

The reporting party (RP) stated that resident Loretta Brown was served a 30 Day Eviction Notice dated March 1, 2016. The resident is required to vacate the premises by April 1, 2016. The RP stated the notice does not appear in compliance with Title 22 requirements. The RP requested the administrator Dolores Davis to rewrite the eviction notice with the correct language/language was missing. The administrator refuses to rewrite the noticed and referred the issue to the Licensing Program Analyst (LPA) assigned to the facility Mary Trinh. The LPA agreed with the administrator stated that the notice is in compliance with the regulation. The RP requested to have the language corrected on the notice and to have a new issue

The primary essential stride for an effective ousting predicated on any of the above reasons is the 3 day removal take note. A landowner is required to draft and serve the pink slip on the inhabitant before starting an ousting case in court. The notice is a flat out essential for an expulsion case that depends on any of the above reasons. Besides, the landowner and inhabitant may NOT contract away the notice necessity. Any arrangement in the rental understanding that says a 3 day notice is not required is unenforceable.

I am writing in regard to my lease at Atria Apartments. We have enjoyed the last couple years living at Atria, but the expansion of our family has necessitated that we move on. Currently, our lease is set to expire July 7th, 2017. I am hoping that it may be possible to terminate the lease a month sooner. My wife and I have an opportunity to move into a house before the end of this month, but with me being a full time student and preparing to take my step 1 medical boards this summer, paying rent at both locations would be fairly difficult. Also, my wife is expecting in Mid June, so settling in before the New baby’s arrival would be a blessing. I can promise you that we would ensure that the apartment is left in excellent condition so that you

Client Cheryl Grant has been linked to the apartment located on 501 East 161 St. Apt 3B Bronx, NY via Section 8. Client obtained the keys on 01/22/16. Client stated that she is not ready to move out even though the client was instructed by HS to start packing up since 01/19/16. HS informed client that the latest move out date will be 01/24/16. DHS move out request has not been completed as yet because the client has not provided the amount of belongings in her unit and client turn off her phone no one knows client's where about. Furthermore, Ms. Grant did not receive a furniture check and client is hesitant, angry about the fact of been not eligible for the furniture check. HS explained client about the reason and that client will be issued

“The landlords have all the power and tenants have none.”(Giwargis) The San Jose city council recently voted to require just cause for tenant eviction, requiring landlords to provide a reason for not renewing tenant leases. This is a profound change to the law. Previously, the city had a no cause eviction policy. Now a reason must be provided, prior to eviction. Landlords and tenants stand on different sides of this issue and the vote was close. The rights of tenants as well as those of landlords must be protected and sometimes changes to the law are needed to ensure these rights are upheld. The recent changes to the law were necessary to protect tenants’ rights and prevent harassment that would lead to eviction.

Law Com No 238 [1996]: proposes that the landlord must keep the premises fit for habitation if the residential lease is under 7 years.